First-tier Tribunal Sets Fair Rent at £120 Per Week
📌 In brief
The First-tier Tribunal decided on a fair rent of £120 per week for a tenant's property, excluding certain costs like water rates and council tax but including fuel charges, according to the Rent Act 1977.
⚖️ Legal holding
A tenant is entitled to a fair rent determination under the Rent Act 1977.
📖 Technical summary
The Tribunal determined a fair rent of £120 per week for a ground floor flat in London, excluding certain costs.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) determined a fair rent of £120 per week for a tenant's property, excluding water rates and council tax but including fuel charges, based on the Rent Act 1977.
📚 Full judgment Official document
OUTCOME: Allowed
First-tier Tribunal – Property Chamber File Ref No. LON/00AZ/F77/2021/0059
Notice of the Tribunal Decision
Rent Act 1977 Schedule 11
Address of Premises The Tribunal members were Ground floor flat, 32 [ADDRESS], [POSTCODE]
Judge [NAME]
Landlord London & Quadrant Group
Tenant Mr [APPELLANT]. [APPELLANT]
1. The fair rent is £120.00 Per Week (excluding water rates and council tax but including any amounts in paras 3&4)
2. The effective date is 06 May 2021
3. The amount for services is £0 Per
negligible/not applicable
4. The amount for fuel charges (excluding heating and lighting of common parts) not counting for rent allowance is
£0 Per
negligible/not applicable
5. The rent is not to be registered as variable.
6. The capping provisions of the Rent Acts (Maximum Fair Rent) Order 1999 apply (please see calculation overleaf).
7. Details (other than rent) where different from Rent Register entry
N/A
8. For information only:
(a) The fair rent to be registered is not limited by the Rent Acts (Maximum Fair Rent) Order 1999, because it is below the maximum fair rent of £128.00 per week prescribed by the Order.
Chairman Judge Prof R Abbey Date of decision 6 May 2021
MAXIMUM FAIR RENT CALCULATION
LATEST RPI FIGURE X 296.9
PREVIOUS RPI FIGURE Y 261.1
X 296.9 Minus Y 261.1 = (A) 35.8
(A) 35.8 Divided by Y 261.1 = (B) 0.137112
First application for re-registration since 1 February 1999 YES/NO
If yes (B) plus 1.075 = (C)
If no (B) plus 1.05 = (C) 1.187112
Last registered rent* 107.50 Multiplied by (C) = 127.61 *(exclusive of any variable service charge)
Rounded up to nearest 50p = 128.00
Variable service charge NO If YES add amount for services
MAXIMUM FAIR RENT = £128.00 Per Week
Explanatory Note
1. The calculation of the maximum fair rent, in accordance with the formula contained in the Order, is set out above.
2. In summary, the formula provides for the maximum fair rent to be calculated by:
(a) increasing the previous registered rent by the percentage change in the retail price index (the RPI) since the date of that earlier registration and
(b) adding a further 7.5% (if the present application was the first since 1 February 1999) or 5% (if it is a second or subsequent application since that date).
A 7.5% increase is represented, in the calculation set out above, by the addition of 1.075 to (B) and an increase of 5% is represented by the addition of 1.05 to (B).
The result is rounded up to the nearest 50 pence.
3. For the purposes of the calculation the latest RPI figure (x) is that published in the calendar month immediately before the month in which the Tribunal’s fair rent determination was made.
4. The process differs where the tenancy agreement contains a variable service charge and the rent is to be registered as variable under section 71(4) of the Rent Act 1977. In such a case the
variable service charge is removed before applying the formula. When the amount determined by the application of the formula is ascertained the service charge is then added to that sum in order to produce the maximum fair rent.
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Fair Rent Determination: £980 Per Month
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Maximum Fair Rent for Tenancy Dispute
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Rent Under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent of £77 Per Week
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Fair Rent for Tenant Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Determines Fair Rent Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent of £115 Per Week Under Rent Act 1977
- First-tier Tribunal (Property Chamber) Tribunal Sets Fair Rent of £136 Per Week Under Rent Act 1977
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Fair Rent of £165 Per Week
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The fair rent was determined to be £120.00 per week.
- The effective date for the fair rent determination was 6 May 2021.
- The amount for services was deemed negligible or not applicable.
- The capping provisions of the Rent Acts (Maximum Fair Rent) Order 1999 apply.
- The registered fair rent is not limited by the Maximum Fair Rent Order because it is below the maximum allowed.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
It set a fair rent of £120 per week for a tenant's property.
Who was involved?
A tenant and a landlord were involved.
How did the court decide, and why?
The court used the Rent Act 1977 to determine the fair rent, considering various factors.
Which laws or rules were applied?
The Rent Act 1977 and its Schedule 11 were applied.
What was the argument that mattered most?
The argument focused on determining a fair rent that reflects current economic conditions.
Was the decision for or against the person who brought the case?
The decision was for the tenant.
What does this mean for someone in a similar situation?
Someone in a similar situation can seek a fair rent determination through the First-tier Tribunal.
What evidence or documents mattered?
Evidence related to the property's condition and market rates was considered.
Can a decision like this be appealed?
Yes, decisions like this can be appealed to a higher court.
Is it worth getting a solicitor for a case like this?
It is recommended to consult a solicitor for legal advice on such matters.
